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Last week, Macy's filed a preliminary injunction against JCPenney for poaching Martha Stewart, who's under an exclusive contract with Macy's through 2018. In court documents released later this week, Macy's stated that JCPenney's new affiliation with Martha Stewart was hurting their sales. "It has destroyed the public perception that Macy’s is the only place a consumer can turn to purchase Martha Stewart home products in key categories," the suit says. The documents also state that Penney's is "perceived as a less upscale retailer" than Macy's. But perhaps that won't be the case for long?